HomeMy WebLinkAboutA081214 BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
August 12, 2014
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County Supervisors
Bill Connelly, District 1
Larry Wahl, District 2
Maureen Kirk, District 3
Steve Lambert, District 4
Doug Teeter, District 5
Paul Hahn, Chief Administrative Officer Bruce S. Alpert, County Counsel
and Clerk of the Board
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 12,2014
Butte County Department Heads
Agricultural Commissioner Richard Price
Assessor* Fred Holland
Auditor-Controller* Dave Houser
Behavioral Health Director Dorian Kittrell
Chief Administrative Officer Paul Hahn
Chief Probation Officer Steve Bordin
Child Support Services Director Sharon A. Stone
Clerk-Recorder-Registrar of Voters* Candace Grubbs
County Counsel Bruce S. Alpert
Development Services Director Tim Snellings
District Attorney* Mike Ramsey
Employment and Social Services Director Cathi Grams
Farm, Home &4-H Advisory Randall Mutters
Fire Chief Greg McFadden
General Services Director Grant Hunsicker
Human Resources Director Brian Ring
Information Systems Director (Interim) Art Robison
Library Director Melanie Lightbody
Public Health Director Cathy Raevsky
Public Works Director Mike Crump
Sheriff-Coroner* Kory Honea
Treasurer-Tax Collector* Peggy Moak
Water and Resource Conservation Paul H. Gosselin
* Elected Official
PAGE 1 August 12, 2014
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 12,2014
9:00 A.M. 1.00 CALL TO ORDER
1.01 Call to Order - Board of Supervisors Room, County Administration Building, 25 County
Center Drive, Oroville.
1.02 Pledge of Allegiance to the Flag of the United States of America.
1.03 Observation of a Moment of Silence.
2.00 CORRECTIONS AND/OR CHANGES TO THE AGENDA.
3.00 CONSENT AGENDA
AGRICULTURE 3.01* Pierce's Disease (Glassy-Winged Sharpshooter) Program Revenue Contract - This
agreement is for the Butte County Department of Agriculture to carry out the Pierce's
Disease Control Program/Glassy-Winged Sharpshooter Program. The contract has been
budgeted in the Fiscal Year (FY) 2014-15 budget. The work plan includes activities such as
special surveys of grapes and citrus crops, inspecting commercial carriers that ship
nursery stock, inspecting plant products, and, if needed, Glassy-Winged Sharpshooter
pest control activities for local infestations.The program is designed to intensify efforts to
prevent introduction and maintain control of the Glassy-Winged Sharpshooters that have
the potential to spread disease to agricultural crops and adversely affect the economy of
Butte County and California. The maximum amount of this contract is $110,478 for two
years ($55,239 for FY 2014-15 and $55,239 for FY 2015-16). The term of the agreement is
July 1, 2014 through June 30, 2016. The California Department of Food and Agriculture
will reimburse the Butte County Department of Agriculture upon submittal of monthly
invoices—action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
BEHAVIORAL 3.02* Regents of the University of California - Amendment One -The Regents of the University
HEALTH of California, Office of Research Sponsored Programs handles research proposals and
negotiates agreements for projects funded by federal and state agencies and other public
and private sources. Approval is requested for an amendment with the Regents of the
University of California to increase funding and extend the term of the agreement to
continue providing evaluation services in support of the Butte County Treatment Court
Family Enrichment Support Team project which targets children and families affected by
methamphetamine use. The amendment extends the term of the agreement to
December 31, 2014. The maximum financial obligation under this agreement shall not
exceed $71,997.45 ($51,818.99 for FY 2013-14 and $20,178.46 for FY 2014-15). This is an
increase of $7,229.52 for FY 2014-15 — action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER.
PAGE 2 August 12, 2014
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 12,2014
3.03* Ronald Cavanagh, M.D. - Approval is requested for an agreement with Dr. Cavanagh for
the provision of psychiatric services. The term of this agreement will begin upon date of
execution and will terminate June 30, 2015. The maximum financial obligation under this
agreement shall not exceed $276,000 — action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
AUDITOR-CONTROLLER.
3.04* California Health Facilities Financing Authority (CHFFA) Budget Appropriation -The CHFFA
provides grant funds to local governments through the Investment In Mental Health
Wellness Act of 2013. The Butte County Department of Behavioral Health (BCDBH) has
been awarded funding for a new Crisis Residential Treatment (CRT) Center within Butte
County. The Board accepted the grant and approved the agreement with CHFFA on June
24, 2014. The CRT facility will offer additional voluntary psychiatric treatment beds and
provide an alternative to costly and traumatic psychiatric hospitalization for adults with
mental illness experiencing a psychiatric crisis or other qualified mental health condition.
The grant funding will allow BCDBH to purchase a facility that will serve as the CRT Center.
The request to actually purchase the property will be requested on a future date. Funding
for the budget adjustment is provided by the CHFFA grant in the amount of $867,425.
There is no impact to the County General Fund — action requested — 1) APPROVE THE
BUDGET ADJUSTMENT (4/5 vote required); 2) AUTHORIZE A CAPITAL ASSET PURCHASE;
3) APPROVE THE AMENDMENT TO THE CAPITAL IMPROVEMENT PROGRAM TO INCLUDE
THE CRT PROJECT; 4) APPOINT THE GENERAL SERVICES DIRECTOR AS THE OFFICER OF
THE CONSTRUCTION PROJECT; AND 5) APPOINT THE GENERAL SERVICES DIRECTOR AS
THE AGENCY NEGOTIATOR, TO NEGOTIATE WITH MANDY WHIGHAM AS THE PROPERTY
OWNER NEGOTIATOR FOR THE TERMS AND CONDITIONS OF CONVEYANCE FOR APN 007-
110-013 IN CHICO, CALIFORNIA.
3.05* FY 2013 Continuum of Care Program Grant Agreement - SEARCH Samaritan Bonus
Housing Program - Butte County Department of Behavioral Health (BCDBH) has been
awarded the SEARCH Samaritan Bonus Housing Program grant from the U.S. Department
of Housing and Urban Development (HUD) for FY 2014-15. Funds from the grant will be
used to lease four (4) units of housing for chronically homeless individuals diagnosed as
being mentally ill and/or having a substance use disorder to assist their transition from
homelessness to permanent housing and to enable them to live as independently as
possible. Approval is requested for an agreement with HUD for BCDBH to provide
housing. The term of this agreement begins on the date of approval by HUD, and the
grant period will terminate June 30, 2015. The maximum amount receivable for this term
is $32,633. Approval is also requested for a budget adjustment adding $21,200 in HUD
funding to the FY 2014-15 budget to be utilized per grant requirements. The balance of
this award ($11,433) was included in the FY 2014-15 budget — action requested — 1)
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER; AND 2) APPROVE BUDGET ADJUSTMENT
(4/5 vote required).
PAGE 3 August 12, 2014
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 12,2014
3.06* FY 2013 Continuum of Care Program Grant Agreement - SEARCH II Permanent Housing
Bonus Program - BCDBH has been awarded the SEARCH II Permanent Housing Bonus
Program grant from HUD for FY 2014-15. Funds from this grant will be used to lease three
(3) units of housing for chronically homeless individuals diagnosed as being mentally ill
and/or having a substance use disorder to assist their transition from homelessness to
permanent housing and to enable them to live as independently as possible. Approval is
requested for an agreement with HUD for Behavioral Health to provide housing.The term
of this agreement begins on the date of approval by HUD and the grant period will
terminate June 30, 2015. The maximum amount receivable for this term is $24,802 —
action requested - APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
3.07* FY 2013 Continuum of Care Program Grant Agreement - LINK Permanent Housing Bonus -
BCDBH has been awarded the Continuum of Care Program Grant from HUD for FY 2014-
15. Funds from this grant will be used to lease three (3) units of housing for chronically
homeless individuals diagnosed as being mentally ill and/or having a substance use
disorder to assist their transition from homelessness to permanent housing and to enable
them to live as independently as possible. Approval is requested for an agreement with
HUD for Behavioral Health to provide housing. The term of this agreement begins on the
date of approval by HUD, and the grant period will terminate June 30, 2015. The
maximum amount receivable for this term is $24,603 — action requested - APPROVE THE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER.
CHIEF 3.08* Introduction of an Ordinance Amending Section 1-17.5 and 1-17.6 of Chapter 1 Entitled
ADMINISTRATIVE "Seal of the County of Butte" and "Use of the County Seal" to the Butte County Code -On
OFFICE February 25, 2014, the Board of Supervisors approved the Butte County Communication
Strategy for 2014 and 2015 (Strategy). The purpose of the Strategy is to establish Butte
County as open, responsive, and innovative when serving employees, the media, and the
public. The Strategy includes four initiatives designed to coordinate communication
efforts countywide in order to better serve and connect with internal and external
audiences. One of the action items in the Strategy is to establish a new Butte County Seal
that supports the brand image of Butte County, as well as, establish a policy and design
brief for use of the Butte County Seal for unified portrayal of County government. The
Board of Supervisors selected a design for the new Butte County Seal on June 24, 2014
and directed staff to bring an ordinance before the Board to adopt the new design. The
Ordinance Amending Section 1-17.5 and 1-17.6 of Chapter 1 Entitled "Seal of the County
of Butte" and "Use of the County Seal" to the Butte County Code, replaces the existing
Butte County Seal design with the design selected by the Board on June 24, 2014.
Amendments to Section 1-17.6, "Use of the County Seal," include authorized use of an
alternative image to the Butte County Seal which is a word mark that says, "Butte County
California." Additional amendments to Section 1-17.6 include authorization for the Chief
Administrative Officer to approve modifications to the design of the Butte County Seal for
use in advertising and promotion for Butte County—action requested -WAIVE THE FIRST
READING OF THE ORDINANCE.
PAGE 4 August 12, 2014
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 12,2014
DISTRICT 3.09* US Dept of Justice - Organized Crime Drug Enforcement Task Force (OCDETF) -The Butte
ATTORNEY County District Attorney's Office, Butte Interagency Narcotic Task Force (BINTF) applied to
the US Department of Justice (DOJ) for funds from OCDETF for an overtime agreement.
This agreement in the amount of$5,000 was awarded to BINTF. The funds are specifically
to be used for overtime and are limited to cases that have been designated as OCDETF
investigation cases. The agreement period is May 1, 2014 to September 30, 2014. Chief
Investigator West signed the agreement with DOJ. No portion of the $5,000 was
expended in May and June, so the Department is requesting the $5,000 to be utilized
from July 1, 2014 to September 30, 2014 — action requested — 1) APPROVE BUDGET
ADJUSTMENT (4/5 vote required); AND 2) RATIFY CHIEF INVESTIGATOR WEST'S
SIGNATURE ON THE AGREEMENT.
3.10* Real Estate Fraud Report for Fiscal Year 2013-14 - Pursuant to Government Code §27388,
the District Attorney is to file an annual report with the Board of Supervisors and the
State Legislative Analyst's Office regarding the effectiveness of the Real Estate Fraud
Investigation and Prosecution Program—action requested -ACCEPT FOR INFORMATION.
EMPLOYMENT 3.11* Memorandum of Understanding with the Butte County In-Home Supportive Services
AND (IHSS) Public Authority to Assist with IHSS Provider Orientation, Enrollment and
SOCIAL SERVICES Background Check Activities -Approval is requested for a Memorandum of Understanding
(MOU) with the IHSS Public Authority for compliance with additional enrollment
requirements for all IHSS providers. These requirements were implemented with the
adoption of the California State Budget Act of 2009. Pursuant to State law, new provider
applicants must provide fingerprints, submit to a criminal background check by the
California Department of Justice, and participate in an enrollment orientation regarding
IHSS rules and regulations. The term of the MOU is July 1, 2014 to June 30, 2015, with a
maximum payable amount not-to-exceed $45,000 — action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER.
GENERAL 3.12* Gridley Veterans Memorial Hall Committee - The Gridley Veterans Memorial Hall
SERVICES Committee, on behalf of the Veterans Organizations and Citizen Veterans using the
Gridley Veterans Memorial Hall, has submitted the following nominations for
appointment to serve on the Gridley Veterans Memorial Hall Committee from July 1, 2014
to June 30, 2015: Citizen Delegates: Owen Stiles, Delegate and William H. White,
Delegate—action requested -APPOINT NOMINEES TO TERMS ENDING JUNE 30, 2015.
3.13* Paradise Veterans Memorial Hall Committee - The Paradise Veterans Memorial Hall
Committee, on behalf of the Veterans Organizations and Citizen Veterans using the
Paradise Veterans Memorial Hall, has submitted the following nomination for
appointment to serve on the Paradise Veterans Memorial Hall Committee from July 1,
2014 to June 30, 2015: Veterans of Foreign Wars of the U.S. Max Bille Post No. 2039:
Wes Cochran, Delegate — action requested - APPOINT NOMINEE TO TERM ENDING JUNE
30, 2015.
PAGE 5 August 12, 2014
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 12,2014
3.14* Award of Contract: Smeal Fire Apparatus for Fire Engine Production - The Butte County
Fire Department has worked over the past several years to develop a standard design for
fire engines to provide fire personnel consistency in equipment. General Services
published a Request for Proposal (RFP) to obtain proposals and pricing for the delivery of
6 fire engines over the next 7 years that meet the defined specification. Three
manufacturers responded with pricing that ranged from a low of$2,566,344 to a high of
$2,840,448.30, not including applicable taxes. After a formal analysis by the County
selection panel, Smeal Fire Apparatus received the highest ranking in terms of meeting
County requirements, and the firm also proposed the lowest price. Staff recommends the
award of the contract for construction of the 6 fire engines to Smeal Fire Apparatus for
the not-to-exceed price of$3,300,000, which includes the following: a) $919,606.60-the
cost of 2 engines at base price plus 7.5% sales tax in the first year; b) $2,196,116.75 -the
cost of 4 engines at the maximum price allowed in the 7th year (based on an increase of
up to 3% each year) plus sales tax; and c) approximately 6% of the total for potential
change orders to take advantage of future technology improvements. Funding is available
in the Equipment Replacement Fund and the budget for FY 2014-15 includes the
necessary appropriations to purchase the first 2 fire engines—action requested -AWARD
THE CONTRACT TO SMEAL FIRE APPARATUS AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
3.15* Amendment to Janitorial Contracts for Leased Facilities - On June 8, 2010, the Board of
Supervisors awarded three contracts to local firms from Request for Proposals 38-10 to
provide janitorial services spread across 26 leased facilities for four departments. Now,
the needs of the County have changed and General Services is conducting a new
solicitation for services. However, due to an increased scope of work, the solicitation was
not complete before the existing contracts terminated on July 1, 2014 and August 1,
2014. Staff recommends that the Board approve an amendment to extend each contract
until October 31, 2014, with one of the contracts also requiring an increase to the
monthly rate in July due to the State-required minimum wage increase. Approval of the
extensions will allow General Services to complete the solicitation. Extending the terms
and the monthly increase affect the not-to-exceed prices as follows: 1) Clean King -
original amount of $200,649.50 plus extension amount of $14,490 for a final contract
amount of$215,139.50; 2) Peerless - original amount of$175,194 plus extension amount
of $14,084 for a final contract amount of $189,278; and 3) Peerless - original amount of
$780,207.68 plus extension amount of $101,451.54 for a final contract amount of
$881,659.22. Funding for the amendments are contained within the FY 2014-15 budgets
for the Department of Employment and Social Services, Child Support Services, Public
Health and Behavioral Health Department and no additional appropriation is required —
action requested - APPROVE THE AGREEMENT AMENDMENTS (3) AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
3.16* Contract for Pest Control Services - General Services manages pest control services for 40
Butte County locations and 11 Butte County Fire Stations. Invitation for Bids, IFB 82-14 for
pest control services was published, and two companies responded with bids. Hunters
Services Inc. submitted the lowest bid of $14,652 per year compared to the next lowest
bid of $32,556 per year submitted by Terminix. The term of the contract is three years
from the date of execution with a not-to-exceed amount of$43,956 —action requested -
APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER.
PAGE 6 August 12, 2014
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 12,2014
HUMAN 3.17* Resolution to Amend the Salary Ordinance - The Department of Human Resources has
RESOURCES prepared a resolution to amend the Salary Ordinance. These changes will leave the total
allocations in the County unchanged. The following are the sections of the Salary
Ordinance to be amended:
Behavioral Health:The Behavioral Health Department is requesting to flexibly staff twenty
seven (27) nursing allocations to Psychiatric Nurse, Senior/Psychiatric Nurse/Psychiatric
Nurse, Associate/Staff Nurse, Senior/Staff Nurse/Staff Nurse, Associate/Licensed
Vocational Nurse/Psychiatric Technician, Senior/Psychiatric Technician. In addition, the
department requests to flexibly staff three (3) Supervisor, Nurse positions to Supervisor,
Psychiatric Nurse/Supervisor, Nurse. Additionally, the department is requesting to delete
two (2) vacant nursing allocations and replace with four (4) fifty percent (50%) allocations
that include all nursing classifications listed above. All of these changes will allow the
department much greater flexibility when hiring nursing staff. These changes will leave
the total allocations unchanged and have no fiscal impact on the County General Fund.
Additionally, the department is requesting to add one (1) position of Supervisor,
Behavioral Health Clinician; one (1) Medical Records Technician, Senior/Medical Records
Technician and delete (1) vacant position of Supervisor, Behavioral Health Counselor and
one (1) vacant Office Specialist, Senior/Office Specialist/Office Assistant. With the
implementation of the Affordable Care Act (ACA), the department has greater need for
licensed staff. The change to a licensed supervisor will allow for both clinical supervision
and administrative supervision of the clinical staff.The change to the support position will
allow the department to standardize the classifications of their clinical support staff.
These changes will leave the total allocations unchanged and have no fiscal impact on the
County General Fund —action requested -ADOPT THE RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
LIBRARY 3.18* Agreement with Unique Management Services, Inc. for Collection Services - The Butte
County Library has contracted with Unique Management Services, Inc. (UMS) since 2010
to handle the collection of delinquent library accounts. UMS specializes in collection
services for libraries and utilizes collection practices that are effective at collecting
amounts due while not alienating library patrons. The Library adds a $19.00 processing
fee to each account submitted to UMS for collection and pays UMS $8.95 per submitted
account. The agreement also stipulates that the Library will not pay UMS for its services
more than the delinquent collections UMS generates on behalf of the Library. The
previous agreement with UMS expired on June 30th, 2014, and the agreement presented
for approval is for a five-year term from July 1, 2014 to June 30, 2019. The total amount
payable under the agreement is not-to-exceed $55,000 — action requested - APPROVE
THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER.
PAGE 7 August 12, 2014
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 12,2014
3.19* Resolution Recognizing The Distance Between Us as the Book in Common for the County
of Butte in 2014-15 - Since 2000, California State University, Chico has sponsored a Book
in Common program to engage its students in reading, intellectual engagement, and
community dialogue. For 2014-15, Butte County Library and other community partners
are collaborating with the University to expand the program throughout Butte County.
The 2014-15 selection, The Distance Between Us by Reyna Grande, is a memoir of a child
left behind during her parents immigration to the United States from Mexico — action
requested -ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
PUBLIc HEALTH 3.20* California Department of Public Health - Tuberculosis Real-Time Allotment Funding
Agreement for FY 2014-15 - The California Department of Public Health has made
available grant funding in the amount of$32,117 for tuberculosis (TB) control services in
Butte County.The main priorities for the grant are: 1) identify and treat persons who have
active TB and ensure they complete appropriate therapy; and 2) find and evaluate
persons who have been in contact with TB patients to determine whether they have TB
infection or disease and provide them with appropriate treatment. The term of the
agreement is July 1, 2014 to June 30, 2015 with a maximum amount receivable of
$32,117. The amount receivable from the agreement is higher than what was anticipated
during the budget process, therefore, an additional $8,117 is requested to be
appropriated above the amount already approved in the department's budget — action
requested — 1) APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER; AND 2) APPROVE BUDGET
ADJUSTMENT (4/5 vote required).
SHERIFF- 3.21* Federal Equitable Sharing Agreement and Certification - The Offices of the Butte County
CORONER Sheriff and District Attorney participate in the Federal Equitable Sharing Program and
each official is required to submit a Federal Annual Certification Report (FACR) to the U.S.
Department of Justice. Additionally, the District Attorney is compelled to send a report to
the U.S. Department of Treasury. The report for FY 2013-14 summarizes program
activities which resulted in distribution of the case forfeitures to local agencies — action
requested - APPROVE THE TWO FACR'S AS SUBMITTED BY THE SHERIFF AND DISTRICT
ATTORNEY AND AUTHORIZE THE CHAIR TO SIGN.
3.22* Contract for Prisoner Transport Services -The Los Angeles County Sheriff's Office regularly
transports prisoners, in their county owned transport buses, all around the State of
California. L.A. County offers other law enforcement jurisdictions the opportunity to
utilize L.A. County transport services for a fee that is less than private transport
companies. L.A County's per mile rate is .71 cents where private transport companies
tend to charge $1 per mile plus a minimum trip charge of$250.The Butte County Sheriff's
Office is requesting to enter into a third consecutive 5-year agreement with L.A. County.
The contract has saved Butte County funds over the Years as many county jails, including
L.A., exchange transport services for other agencies. L.A has Yet to invoice Butte County
for transport services due to reciprocity of mutual services - action requested -APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER.
PAGE 8 August 12, 2014
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 12,2014
WATER AND 3.23* Approval for the Amendment of Agreements for the Transfer of a Portion of Butte
RESOURCE County's Table A Water to Palmdale Water District and Westside Districts Through 2021 -
CONSERVATION The County has an annual allocation for State Water Project (SWP) water of 27,500 acre
feet (Table A) of which the County has only been able to use a portion in-county, leaving a
large amount available annually for other uses. In 2012 and 2013 through negotiated
agreements, the County leased the portion of Table A not used locally to Palmdale Water
District and the Westside Districts, which includes Dudley Ridge Water District and
member agencies of the Kern County Water Agency. At the July 29, 2014 Board of
Supervisors meeting the Board approved the multi-year lease agreements among
Department of Water Resources (DWR)/Palmdale/Butte; DWR/Dudley Ridge/Butte and
DWR/Kern County Water Agency/Butte, which authorizes the use of SWP conveyances to
deliver the leased Table A Water through 2021. The action before the Board today is to
approve an amendment to the two-way agreements between the purchasers and Butte
County clarifying language required in response to the Area of Origin settlement
agreement and the decline of in-county use of Table A by California Water Service, which
has found an alternative source of water — action requested - APPROVE AMENDMENTS
TO AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER.
3.24* Water Advisory Committee Appointment - Agricultural At-Large Representative - The
Basin Management Objective ordinance (Chapter 33A of the Butte County Code) has
provisions regarding the membership of the Water Advisory Committee (WAC) and how
its members are appointed. The ordinance states that the WAC shall be appointed by the
Board and be comprised of area-specific members with one (1) member appointed from
each defined sub-inventory unit within the Sacramento Valley Groundwater Basin portion
of the County; one at-large member from each of the five incorporated municipalities;
one at-large member for each of the organized watershed groups; one at-large member
from the environmental community; and one from the agricultural community. The
agricultural at-large position has been vacant on the WAC since November 2010 when
Rocky Donati resigned. During July 2014, Richard Fortier, Michael G. McDonald, and Barry
Wilk have submitted letters nominating Samantha Lewis, an almond and walnut producer
in the Durham area, to serve as the agricultural at-large representative — action
requested - APPOINT SAMANTHA LEWIS TO THE WATER ADVISORY COMMITTEE AS THE
AGRICULTURAL AT-LARGE REPRESENTATIVE.
OTHER 3.25* Resolution Recognizing Hmong History Month — action requested — ADOPT RESOLUTION
DEPARTMENTS AND AUTHORIZE THE CHAIR TO SIGN. (Supervisor Connelly)
OR AGENCIES
PAGE 9 August 12, 2014
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—AUGUST 12,2014
4.00 REGULAR AGENDA
4.01* Boards, Commissions and Committees
1. Appointments to Listed Vacancies
2. Board Member/Committee Reports and Board Member Comments
(Pursuant to CA State law, the Board is prohibited from taking action on any item not listed on the
agenda.)
4.02 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
4.03 Items Removed from the Consent Agenda for Board Consideration and Action.
4.04* Informational Presentation from the Paradise Friends of the Library on the California
Reads Grant -The Paradise Friends of the Library received the California Reads grant from
Cal Humanities on behalf of the Butte County Library. The goal of the grant is to engage
Californians in the California Humanities initiative "War Comes Home." The Paradise
Friends of the Library plan to engage the community in discussions and promote the
Library as a safe place for veterans and their families to meet with advocates and access
local resources. Cal Humanities is a non-profit partner of the National Endowment for
Humanities founded in 1975. Beginning in 2014, Cal Humanities is embarking on a multi-
year initiative focusing on the veterans' experiences upon returning home. Included in the
grant is a book, What it is Like to Go to War, by Karl Marlantes. The book will be available
at the Library and bookstores. The Paradise Friends of the Library offers this presentation
as a way of drawing attention to the "War Comes Home" initiative — action requested -
ACCEPT FOR INFORMATION. (Library)
PAGE 10 August 12, 2014
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 12,2014
5.00 PUBLIC HEARINGS AND TIMED ITEMS
9:30 A.M. 5.01* Timed Item - Continued Discussion of Possible Changes to Article I of Chapter 13 of the
Butte County Code Entitled "Grading" -This item is a continuation of the same item from
the July 29, 2014 Board meeting. At the May 6, 2014 Board meeting, staff presented
information on discussions with local grading contractors about the proposed changes to
the County's grading ordinance. Staff supported a number of changes contractors
proposed (included in the staff report). One issue was relaxing the grading plan
requirement but that raised the issue of who could prepare the grading plan. Based on
legal research, it was determined that only registered civil engineers could prepare
grading plans. On May 22, 2014, the Planning Commission heard and denied a grading
permit application for a site that had been red tagged for violations of the current grading
ordinance. The Commission had concerns with the lack of penalties in the current
ordinance. The Commission asked that an item be brought back at its next meeting to
discuss penalties and possible recommendations to the Board. The outcome of the
Commission's discussion resulted in the following recommendations to the Board: 1)
utilize existing Chapter 41 of the Butte County Code to prevent the issuance of further
permits or entitlements; 2) modify the grading ordinance to prevent the issuance of any
permit or entitlement until grading violations are remedied; and 3) modify the grading
ordinance to enable the recovery of investigative fees for sites graded without permits —
action requested—
1) PROVIDE DIRECTION ON THE LOWER QUANTITY LIMIT FOR REQUIRING A GRADING
PERMIT. (50, 250 OR OTHER);
2) AUTHORIZE STAFF TO PROCEED WITH LANGUAGE IN THE NEW ORDINANCE TO
ADDRESS THE FOLLOWING:
a) ELIMINATE THE DRIVEWAY LENGTH LIMIT IN THE ORDINANCE THAT IS
ASSOCIATED WITH THE BUILDING PERMIT EXEMPTION; AND
b) INSERT LANGUAGE IN THE NEW ORDINANCE THAT STRENGTHENS THE
ENFORCEMENT AND PENALTIES AS RECOMMENDED BY THE PLANNING
COMMISSION; AND
3) DIRECT STAFF TO PREPARE ANEW DRAFT GRADING ORDINANCE AND SUPPORTING
CEQA DOCUMENT FOR FUTURE BOARD ACTION. (Public Works)
6.00 PUBLIC COMMENT (each speaker limited to five minutes)
Comments to the Board on issues and items not listed on the agenda. Presentations will be
limited to five minutes. Please note that pursuant to California state law, the Board of
Supervisors is prohibited from taking action on any item not listed on the agenda.
ADJOURNMENT
Adjourn as the Butte County Board of Supervisors and convene as the In-Home Supportive
Services Public Authority Board.
PAGE 11 August 12, 2014
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—AUGUST 12,2014
IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
AGENDA
AUGUST 12, 2014
1.00 CALL TO ORDER—Butte County Board of Supervisors Room, 25 County Center Drive, Oroville.
2.00 CONSENT AGENDA
2.01* Memorandum of Understanding (MOU) with the Department of Employment and Social
Services to Assist with In-Home Supportive Services (IHSS) Provider Orientation,
Enrollment and Background Check Activities - Approval is requested for an MOU with the
Department of Employment and Social Services for compliance with enrollment
requirements for all IHSS providers. These requirements were implemented with the
adoption of the California State Budget Act of 2009. Pursuant to State law, new provider
applicants must provide fingerprints, submit to a criminal background check by the
California Department of Justice, and participate in an enrollment orientation regarding
IHSS rules and regulations. The term of the MOU shall be July 1, 2014 to June 30, 2015,
with a maximum receivable amount not-to-exceed $45,000—action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER.
3.00 REGULAR AGENDA (No Items)
4.00 PUBLIC COMMENT(each speaker limited to five minutes)
Comments to the Board on issues and items not listed on the agenda. Presentations will be
limited to five minutes. Please note that pursuant to California state law, the Board is
prohibited from taking actions on any item not listed on the agenda.
5.00 CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION
54957.6:
LABOR NEGOTIATOR: CATHI GRAMS,JACK HUGHES& BRIAN RING
EMPLOYEE ORGANIZATION: CUHW
(This closed session item will be held contemporaneously with the Board of Supervisors closed session)
ADJOURNMENT
Adjourn as the In-Home Supportive Services Public Authority Board and reconvene as the
Butte County Board of Supervisors.
PAGE 12 August 12, 2014
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—AUGUST 12,2014
7.00 CLOSED SESSION
7.01 ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)—5 CASES
a. RHONDA MEALER v. BUTTE COUNTY;WORKERS' COMPENSATION APPEALS
BOARD LEGACY CASE NO. RDG 122221 (CLAIMS NUMBER: CBTE-295858);
b. ANNA GARRINGER v. BUTTE COUNTY; WORKERS' COMPENSATION APPEALS
BOARD LEGACY CASE NO. RDG 0099931 (CLAIMS NUMBER: CBTE-60332);
c. PAUL WELIVER v. COUNTY OF BUTTE; DFEH CASE NO. 236982-100487; EEOC
CASE NO. 37A-2014-03820-C;
d. BCEA v. COUNTY OF BUTTE; PERB UNFAIR PRACTICE CHARGE NO. SA-CE-871-
M; AND
e. BCMEA v. COUNTY OF BUTTE; PERB UNFAIR PRACTICE CHARGE NO. SA-CE-873-
M.
7.02 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION
54957.6:
LABOR NEGOTIATORS: JACK HUGHES& BRIAN RING
EMPLOYEE
ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA;
DSA- MANAGEMENT/SUPERVISORY UNIT;
DSA-GENERAL UNIT;
BCCOA-SUPERVISORY UNIT;
BCCOA-GENERAL UNIT;
CONFIDENTIAL UNIT;
PPOA- MANAGEMENT UNIT;
NON-REPRESENTED UNIT
(This closed session item will be held contemporaneously with the In-Home Supportive Services closed session)
7.03 PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT/GOALS PURSUANT TO
GOVERNMENT CODE SECTION 54957: INFORMATION SYSTEMS DIRECTOR
PAGE 13 August 12, 2014
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—AUGUST 12,2014
Information and Procedures Concerning the Agenda and Conduct of
the Board of Supervisors Meetings
Meeting Information: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m.
and are held in the Board of Supervisors Chambers, County Administration Building, 25 County Center
Drive, Oroville. At the end of each year the Board adopts a meeting schedule for the upcoming year.
Meeting dates can be changed as a result of holidays or other events so please check the meeting
calendar to be certain. Copies of the adopted meeting calendar for the year are available in the County
Administrative Office or at the Clerk of the Board website at www.buttecounty.net/cob.
Agenda Information: The agenda for every meeting of the Board is posted in front of the County Administration Building at
least 72 hours before each meeting, and is available by mail subscription, e-mail subscription, or at the
Clerk of the Board website. A copy of the agenda and supporting materials provided to the Board of
Supervisors members to explain each agenda item (excluding documents that are not a public record
within the meaning of the Public Records Act) are available for your review at the County Administrative
Office, the Chico, Oroville, and Paradise libraries (please do not remove items from these files), and at
the Clerk of the Board website. Copies of supporting materials can be made for you at a charge to cover
costs. The list of communications included with the agenda packages is not comprehensive. Additional
communications to the Board of Supervisors may have been received but not included in the agenda
supporting material. Copies of all communications received by the Board of Supervisors (excluding
documents that are not a public record within the meaning of the Public Records Act)are available at the
Administrative Office upon request. An (*) appearing before an agenda item signifies that material has
been provided to the Board of Supervisors members to explain that item.
Agenda Format and The agenda is usually organized into the following areas and meetings generally proceed in the following
Meeting Order: order:
1. Consent Agenda:these are items that are considered routine and are handled by one motion and vote of
the Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card
(located in the back of the board room) and give it to the Clerk of the Board (sitting to the right of the
Board) or, when the Chair asks if there is anything anyone would like to remove from the Consent
Agenda, stand and approach the podium and request the item be removed. The removed items are
discussed at the end of the Regular Agenda.
2. Regular Agenda: this is where presentations to the Board and items that require full discussion are
heard. Items removed from the Consent Agenda are discussed under this section.
3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public
hearing are set. This is the section where appeals before the Board are usually discussed. Hearings may
start after the time listed,but will never start before the time listed.
4. Public Comment: this is the area of the agenda where members of the audience may address the Board
on any matter not listed on the agenda. The Board, by law, cannot take action on any matter not listed
on the agenda,but may respond to statements or questions and provide staff direction.
5. Closed Session: the Board is authorized, by law, to meet in a closed session in certain circumstances.
This area of the agenda identifies those items that will be discussed during the closed session.
Public Participation: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to
allow members of the public the opportunity to comment on all matters before the Board. Public
participation is limited to matters within the subject matter jurisdiction of the Board pursuant to
Government Code Section 54954.3. The Board has adopted policy and procedures to facilitate the
meeting process and conduct. A complete listing of these policies and procedures can be found in the
printed booklet agenda,obtained at the County Administrative Office,or viewed at the Clerk of the Board
website.
The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals
with special needs should call the Clerk of the Board at 530-538-7631, Monday through Friday, 8:00 a.m.
to 5:00 p.m. to request disability-related modifications/accommodations or to request materials in
alternate formats. All requests for special accommodations and/or alternative format documents must be
made 48 hours prior to the meeting.
For further information contact the:
Clerk of the Board of Supervisors
County Administrative Office
25 County Center Drive,Suite 200,Oroville,CA 95965
530-538-7631
www.buttecounty.net/cob
PAGE 14 August 12, 2014